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TROJAN TEXTILE CORP. v. CROWN FABRICS CORP.

143 F.Supp. 48 (1956)

TROJAN TEXTILE CORP., Plaintiff, v. CROWN FABRICS CORP., Defendant.

United States District Court S. D. New York.

July 12, 1956.

Attorney(s) appearing for the Case

Chester A. Lessler and Jerry Bauer, New York City, for plaintiff.

Kirschstein, Kirschstein & Ottinger, New York City, for defendant, Morris Kirschstein and David B. Kirschstein, New York City, of counsel.

DAWSON, District Judge.

This is an action tried by the Court without a jury for alleged violation of a design patent. The issues are (1) the validity of the patent and (2) whether there has been infringement.

The patent is design patent No. 164-922 dated October 23, 1951 for "a new, original, and ornamental Design for a Textile Fabric." The description of the invention is, according to the patent, "contained in the specification of which a copy is hereunto...

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